BEFORE THE SUMMARY COURT
Dan was released from the sick bay late on the following afternoon. In
the evening of the same day Black and White were removed to the brig,
and a marine sentry placed in front of their cells to see that they
were properly looked after.
Dan wondered what would be done in their case. Being unfamiliar with
forms on shipboard, he did not understand that punishments are not
inflicted hastily.
On the morning of the second day, after quarters, there was a stir
below decks. Dan had rejoined the crew of the seven-inch gun when he
was informed by the captain's orderly that his presence would be
required in the captain's quarters promptly at ten o'clock.
"I wish I were you to-day," whispered Sam.
"Why?"
"'Cause there's going to be a court-martial--a summary court-martial!"
"What for?"
"They're going to try Black and White. How I'd like to help soak those
heathens."
A few minutes before the hour named, Dan went below. He found the
corridor of the captain's office thronged with shipmates. In front of
the door stood a marine sentry.
"Am I to go in?" he asked.
"Are you a witness?"
"Yes."
"I guess you may enter, then."
Dan did so. At one side of the room he espied Black and White, in
charge of the master-at-arms; and the midshipman who had been officer
of the deck the night the men escaped, together with two coxswains.
Dan walked to the opposite side of the room, where he leaned against a
bulkhead.
The captain's dining-room table had been cleared and stood in the
center of the room, four chairs having been placed around it.
Presently three commissioned officers filed in, the executive officer
of the ship taking his place at the head of the table as president of
the court. It was his duty to swear in the judge advocate, who, in
this instance, was a lieutenant. Following this the judge advocate
swore in the others of the court and then proceeded to read the
specifications, which were as follows:
"'That on the 25th of August, 19--, while the United States battleship
"Long Island" lay at anchor inside the Delaware Breakwater, after
tattoo, when all hands had turned in for the night, save those on
regular duty, among them being Ordinary Seaman Charlie Vavitao and
Ordinary Seaman William Takaroa, the said men did secretly leave their
billets and without permission take to one of the ship's dinghies, in
which they rowed away from the ship with intent to desert. Secondly,
it is charged that the said men did make a felonious assault on Seaman
Daniel Davis while he was carrying out the orders of his superior
officer, resulting in the seaman's disability, from which he has not
yet wholly recovered.' How do you plead!"
The prisoners pleaded "not guilty." All witnesses were then excluded
from the room. Midshipman Carter, who had been the officer of the deck
on the night in question, was called to testify. He was questioned by
the judge advocate, who acted as the prosecutor and the attorney for
the defence at the same time.
The midshipman related briefly all that had come under his observation.
He had but little information that was of value to the court, and he so
told the court.
"Seaman Davis, then, is the witness who knows the whole story?"
questioned the judge advocate.
"Yes, sir."
"Call Seaman Daniel Davis to the witness chair."
Dan was summoned by the sentry. The boy's face was still bandaged; his
face was pale and there was a livid mark across the right cheek where
an oar blade had struck him.
Dan gave his name, age and date of enlistment, together with his
station on shipboard.
"You were on the anchor watch on the evening of the twenty-fifth of
August, were you not?"
"Yes, sir."
"State what occurred."
The witness related briefly the incidents leading up to the escape of
the two ordinary seamen.
"You discovered them going over the side of the ship, did you not?"
"Yes sir."
"Did you try to stop them?"
"I did."
"On whose orders?"
"On the orders of the officer of the deck, sir."
"Midshipman Carter?"
"Yes, sir."
"State what occurred."
"I followed them, and after a time succeeded in overhauling the dinghy
in which they were rowing away. I ordered them to surrender when I
drew alongside. Black attempted to strike me with the boat hook, but I
got it away from him. Black later hit me with an oar, at about the
time I rammed them with the starboard dinghy."
"Well, what else?"
"Not much, sir. We mixed it up a little. I got Black, but I had a
hard time with White. He almost got the better of me. I am not quite
sure that he did not do so wholly."
Dan had related his story in a simple, straight-forward manner, without
the slightest trace of bravado. He really had done a plucky thing in
attempting to capture the two men in a frail boat out on the rolling
waters, but he did not seem to think he had accomplished anything very
remarkable.
"Did either man attempt to do more than defend himself?"
"Well, it seemed so to me, sir," answered the Battleship Boy, with a
faint smile.
"Use a knife or anything of that sort?"
"Black appeared to be seeking to get at his knife. Of course I could
not say for sure, sir."
"Did either man say anything?"
"Not that I can recall now, sir, except that they refused to surrender
to me."
"You did not hear them say anything that would lead you to believe that
they were deserting?"
"Oh, no, sir."
"You can think of nothing else that will aid us in getting at the facts
in this case?"
"No, sir. I have told you all I know about it."
"Very good; that will be all."
Black, who was believed to be the leader in the escape, was called up
and given permission to relate his side of the story. He assured the
court that neither he nor White had had the least intention of
deserting. They had been on board for a long time. They said they had
a friend not far from where the ship was lying, and they thought they
could get away to go to see him and be back before morning.
Asked the name of the friend, they gave it without the least hesitation.
White also told a straightforward story.
"If you were not deserting, why did you make such a murderous assault
on Seaman Davis?" demanded the judge advocate sharply.
"We get excited," answered White. "We want to get away then."
"And had you gotten away, at that time, you would not have returned to
the ship, eh?"
"No, no; we come back," insisted the Hawaiian.
"Have these men ever been up on charges before?" asked the judge
advocate.
"No, sir," replied the clerk of the court. "There are no marks against
them. Their records are good, so far as the papers show."
"Then we will close the case here."
The court was cleared for deliberation. They found the accused men
guilty of absenting themselves from the ship without leave, and also on
the second count accusing them of felonious assault on Seaman Daniel
Davis.
The court decided that the charge of desertion had not been fully
established, and this alone saved the men from a long term of
imprisonment. Perhaps they were swayed in their verdict by the fact
that the government was making a strong effort in every way to win the
regard of the Hawaiian Islanders. To have carried out the punishment
in its extreme form might, it was thought, have served only to embitter
the Hawaiian people. The punishment was severe enough as it was. The
recommendations of the court were that Black and White be locked up in
the brig for thirty days, with rations of bread and water, with a full
ration every third day.
This peculiar sentence was on account of the regulation that forbids a
prisoner on shipboard from being kept on bread and water for more than
five consecutive days. By giving a full ration once in every five days
the men can be kept under punishment for three months. The court also
decided that both men should suffer a loss of two months' pay.
The commanding officer approved the findings of the court, after
reading them over, and duly affixed his signature.
The prisoners did not know as yet what their punishment was to be.
This was made known to them at muster that evening, when all hands were
piped to quarters, the charges and findings being read before the
ship's company.
"Men," said the captain after the executive officer had read the
verdict of the court, "I am of the opinion that both of you should be
dismissed from the service. The evidence, however, did not fully
warrant the court in finding for that. It appears to be your first
offence, but remember, this is your first enlistment also, which gives
me the right to discharge you dishonorably from the service. I shall
do so upon the next serious breach of discipline hereafter. You may
consider that you have had a very lucky escape from long imprisonment
and from dismissal as well."
"And, as for Seaman Davis, I desire to commend him thus publicly for
his pluck, his faithful obedience of orders and the masterful way in
which he has carried out his orders. Such men are a credit to the
United States Navy. They make one forget that, now and then, we have
some of the other sort among us. Davis, you will be mentioned in my
communication to the department."